title 17 of the california code of regulations · 3/14/2001 · final regulation order effective...

Title 17 of the California Code of Regulations

Subchapter 2. Smoke Management Guidelines for Agricultural andPrescribed Burning

Article 1. General Provisions§80100. Purpose. ........................................................................................................................ 1§80101. Definitions. ................................................................................................................... 1§80102. Scope and Applicability. ............................................................................................. 4§80110. Permissive-Burn, Marginal Burn, or No-Burn Days ............................................... 5§80120. Burning Permits. ......................................................................................................... 6§80130. Burning Report............................................................................................................ 6

Article 2. District Smoke Management Program§80140. General ......................................................................................................................... 7§80145. Program Elements and Requirements. ..................................................................... 8§80150. Special Requirements for Open Burning in Agricultural Operations in the

Growing of Crops or Raising of Fowl or Animals.................................................. 10§80155. Sacramento Valley Basinwide Program.................................................................. 11§80160. Special Requirements for Prescribed Burning and Prescribed Fires in

Wildland and Wildland/Urban Interface Areas..................................................... 12§80170. Exemptions................................................................................................................. 14

Article 3. Meteorological Criteria forRegulating Agricultural and Prescribed Burning

§80179. General ....................................................................................................................... 14§80180. North Coast Air Basin............................................................................................... 15§80190. San Francisco Bay Area Air Basin .......................................................................... 15§80200. North Central Coast Air Basin ................................................................................ 16§80210. South Central Coast Air Basin................................................................................. 17§80220. South Coast Air Basin............................................................................................... 18§80230. San Diego Air Basin .................................................................................................. 18§80240. Northeast Plateau Air Basin..................................................................................... 19§80250. Sacramento Valley Air Basin ................................................................................... 20§80260. San Joaquin Valley Air Basin .................................................................................. 20§80270. Great Basin Valleys Air Basin ................................................................................. 21§80280. Salton Sea Air Basin.................................................................................................. 22§80290. Mountain Counties Air Basin .................................................................................. 22§80300. Lake County Air Basin ............................................................................................. 23§80310. Lake Tahoe Air Basin ............................................................................................... 23§80311. Mojave Desert Air Basin........................................................................................... 23§80320. Tables Referred to in Articles 2 and 3............................................................................24§80330. General Criteria for Announcement of Permissive Burn, Marginal Burn orNo-Burn Day............................................................................................................................. 25

FINAL REGULATION ORDER

Effective Date: March 14, 2001Reprint Date: April 20, 2001

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Subchapter 2. Smoke Management Guidelines for Agricultural andPrescribed Burning

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Article 1. General Provisions

§80100. Purpose.

The Smoke Management Guidelines for Agricultural and Prescribed Burning,henceforward referred to as Guidelines, are to provide direction to air pollution control and airquality management districts (air districts) in the regulation and control of agricultural burning,including prescribed burning, in California. The Guidelines are intended to provide for thecontinuation of agricultural burning, including prescribed burning, as a resource managementtool, and provide increased opportunities for prescribed burning and agricultural burning, whileminimizing smoke impacts on the public. The regulatory actions called for are intended toassure that each air district has a program that meets air district and regional needs.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 39011, 39053, 41850, 41856, 41857, 41858, 41859 and 41863, Health andSafety Code.

§80101. Definitions.

(a) “Agricultural burning” is defined in Health and Safety Code section 39011 as follows:(1) “Agricultural burning” means open outdoor fires used in agricultural operations in the

growing of crops or raising of fowl or animals, or open outdoor fires used in forestmanagement, range improvement, or the improvement of land for wildlife and gamehabitat, or disease or pest prevention.

(2) “Agricultural burning” also means open outdoor fires used in the operation ormaintenance of a system for the delivery of water for the purposes specified inparagraph (1).

(3) “Agricultural burning” also means open outdoor fires used in wildland vegetationmanagement burning. Wildland vegetation management burning is the use ofprescribed burning conducted by a public agency, or through a cooperative agreementor contract involving a public agency, to burn land predominantly covered withchaparral, trees, grass, or standing brush. Prescribed burning is the plannedapplication of fire to vegetation to achieve any specific objective on lands selected inadvance of that application. The planned application of fire may also include naturalor accidental ignition.

(b) “Air Pollution Control District” (APCD), “Air Quality Management District” (AQMD),“air district,” or “district” means an air pollution control district or an air qualitymanagement district created or continued in existence pursuant to provisions of Health andSafety Code section 40000 et seq.

(c) “Air quality” means the characteristics of the ambient air as indicated by state ambient air



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quality standards which have been adopted by the state board pursuant to section 39606 ofthe Health and Safety Code and by National Ambient Air Quality Standards which havebeen established pursuant to sections 108 and 109 of the federal Clean Air Act pertaining tocriteria pollutants and section 169A of the federal Clean Air Act pertaining to visibility.

(d) “Ambient air” means that portion of the atmosphere, external to buildings, to which thegeneral public has access.

(e) “ARB” or “state board” means the Air Resources Board.(f) “Basinwide air quality factor” means an air quality factor which equals the 4:00 am to 6:00

am two hour average soiling index (COH*10) ending at 6:00 am PST. The basinwidecouncil may use other particulate matter measurements as an indicator of air quality ifappropriate for its program.

(g) “Burn plan” means an operational plan for managing a specific fire to achieve resourcebenefits and specific management objectives. The plan includes, at a minimum, the projectobjectives, contingency responses for when the fire is out of prescription with the smokemanagement plan, the fire prescription (including smoke management components), and adescription of the personnel, organization, and equipment.

(h) “Burn project” means an active or planned prescribed burn or a naturally ignited wildlandfire managed for resource benefits.

(i) “Class I Area” means a mandatory visibility protection area designated pursuant to section169A of the federal Clean Air Act.

(j) "Designated agency" means any agency designated by the Air Resources Board as havingauthority to issue agricultural burning, including prescribed burning, permits. An air districtmay request such a designation for an agency. The U.S. Department of Agricultural(USDA) Forest Service and the California Department of Forestry and Fire Protection(CDF) are so designated within their respective areas of jurisdiction.

(k) “Fire protection agency” means any agency with the responsibility and authority to protectpeople, property, and the environment from fire, and having jurisdiction within a district orregion.

(l) “Forty-eight hour forecast” means a prediction of the meteorological and air qualityconditions that are expected to exist for a specific prescribed burn in a specific area48 hours from the day of the prediction. The prediction shall indicate a degree ofconfidence.

(m) “Land manager” means any federal, state, local, or private entity that administers, directs,oversees, or controls the use of public or private land, including the application of fire tothe land.

(n) “Marginal burn day” means a day when limited amounts of agricultural burning, includingprescribed burning, for individual projects in specific areas for limited times is notprohibited by the state board and burning is authorized by the district consistent with theseGuidelines.

(o) “National Ambient Air Quality Standards (NAAQS)” mean standards promulgated by theUnited States Environmental Protection Agency that specify the maximum acceptableconcentrations of pollutants in the ambient air to protect public health with an adequatemargin of safety, and to protect public welfare from any known or anticipated adverseeffects of such pollutants (e.g., visibility impairment, soiling, harm to wildlife orvegetation, materials damage, etc.) in the ambient air.

(p) “Ninety-six hour trend” means a prediction of the meteorological and air quality conditions



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that are expected to exist for a specific prescribed burn in a specific area 96 hours from theday of the prediction.

(q) “No-burn day” means any day on which agricultural burning, including prescribed burning,is prohibited by the state board or the air district in which the burning will occur.

(r) “Open burning in agricultural operations in the growing of crops or raising of fowl oranimals” means:(1) The burning in the open of materials produced wholly from operations in the growing

and harvesting of crops or raising of fowl or animals for the primary purpose ofmaking a profit, of providing a livelihood, or of conducting agricultural research orinstruction by an educational institution.

(2) In connection with operations qualifying under paragraph (1):(A) The burning of grass and weeds in or adjacent to fields in cultivation or being

prepared for cultivation.(B) The burning of materials not produced wholly from such operations, but which

are intimately related to the growing or harvesting of crops and which are usedin the field, except as prohibited by district regulations. Examples are trays fordrying raisins, date palm protection paper, and fertilizer and pesticide sacks orcontainers, where the sacks or containers are emptied in the field.

(s) “Particulate matter (PM)” means any airborne finely divided material, except uncombinedwater, which exists as a solid or liquid at standard conditions (e.g., dust, smoke, mist,fumes or smog).

“PM2.5” means particles with an aerodynamic diameter less than or equal to anominal 2.5 micrometers.“PM10” means particles with an aerodynamic diameter less than or equal to anominal 10 micrometers (including PM2.5).

(t) “Permissive-burn day,” or “burn day” means any day on which agricultural burning,including prescribed burning, is not prohibited by the state board and burning is authorizedby the district consistent with these Guidelines.

(u) “Pre-fire fuel treatment” means techniques which can reasonably be employed prior toprescribed burning in order to reduce the emissions that would otherwise be produced in aprescribed fire.

(v) “Prescribed burning” - see (a) (3). Tule burning in wildlands or wildland/urban interface isconsidered to be prescribed burning.

(w) “Prescribed fire” means any fire ignited by management actions to meet specific objectives,and includes naturally-ignited wildland fires managed for resource benefits.

(x) “Range improvement burning" means the use of open fires to remove vegetation for awildlife, game, or livestock habitat or for the initial establishment of an agriculturalpractice on previously uncultivated land.

(y) "Region" means two or more air districts within an air basin or adjoining air basins thatsign a memorandum of understanding to implement a coordinated regional smokemanagement program pursuant to the requirements of Article 2 of this regulation.

(z) “Residential burning” means an open outdoor fire for the disposal of the combustible orflammable solid waste of a single-or two-family dwelling on its premises. Residentialburning is not considered to be prescribed burning.

(aa) “Seventy-two hour outlook” means a prediction of the meteorological and air qualityconditions that are expected to exist for a specific prescribed burn in a specific area



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72 hours from the day of the prediction.(bb) “Smoke Management Plan” means a document prepared for each fire by land managers or

fire managers that provides the information and procedures required in section 80160.(cc) “Smoke management prescription” means measurable criteria that define conditions under

which a prescribed fire may be ignited, guide selection of appropriate managementresponses, and indicate other required actions. Prescription criteria may include, but arenot limited to, minimizing smoke impacts, and safety, economic, public health,environmental, geographic, administrative, social, or legal considerations such ascomplying with Health and Safety Code section 41700, public nuisance statute.

(dd) “Smoke Management Program” means the program defined in these Guidelines.(ee) “Smoke sensitive areas” are populated areas and other areas where a district determines

that smoke and air pollutants can adversely affect public health or welfare. Such areas caninclude, but are not limited to, towns and villages, campgrounds, trails, populatedrecreational areas, hospitals, nursing homes, schools, roads, airports, public events,shopping centers, and mandatory Class I areas.

(ff) “State ambient air quality standards” means specified concentrations and durations of airpollutants which reflect the relationship between the intensity and composition of airpollution to undesirable effects, as established by the state board pursuant to Health andSafety Code section 39606.

(gg) “Wildfire” means an unwanted wildland fire.(hh) “Wildland” means an area where development is generally limited to roads, railroads,

power lines, and widely scattered structures. Such land is not cultivated (i.e., the soil isdisturbed less frequently than once in 10 years), is not fallow, and is not in the UnitedStates Department of Agriculture (USDA) Conservation Reserve Program. The land maybe neglected altogether or managed for such purposes as wood or forage production,wildlife, recreation, wetlands, or protective plant cover.

For CDF only, “Wildland” as specified in California Public Resources Code (PRC)section 4464(a) means any land that is classified as a state responsibility area pursuant toarticle 3 (commencing with section 4125) of chapter 1, part 2 of division 4 and includesany such land having a plant cover consisting principally of grasses, forbs, or shrubs thatare valuable for forage. “Wildland” also means any lands that are contiguous to landsclassified as a state responsibility area if wildland fuel accumulation is such that a wildlandfire occurring on these lands would pose a threat to the adjacent state responsibility area.

(ii) “Wildland fire” means any non-structural fire, other than prescribed fire, that occurs in thewildland.

For CDF only, “wildland fire” as specified in PRC section 4464(c) means anyuncontrolled fire burning on wildland.

(jj) “Wildland/urban interface” means the line, area, or zone where structures and other humandevelopment meet or intermingle with the wildland.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 39011, 39025, 39053, 41853, 41854, 41855, 41856, 41857, 41858, 41859,41861, 41862 and 41863, Health and Safety Code.

§80102. Scope and Applicability.



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(a) These Guidelines apply to the Air Resources Board and all air districts in California, andregulate agricultural burning, including prescribed burning. These Guidelines are intendedto provide flexibility to districts in the development and implementation of their smokemanagement programs. Such programs shall be developed in consultation with the ARBand focus on minimizing any significant impacts that agricultural or prescribed burningmay have on air quality or public health. These Guidelines are also intended to assureadequate state oversight, including initial program approval and periodic programassessment.

(b) Although any local or regional authority may establish stricter standards for the control andthe regulation of agricultural burning, including prescribed burning, than those set forth inthese Guidelines, no local or regional authority may ban agricultural or prescribed burning.

(c) These Guidelines are not intended to permit open burning on days when such burning isprohibited by public fire protection agencies for purposes of fire control or prevention.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 41854, 41856, 41857, 41858 and 41859, Health and Safety Code.

§80110. Permissive-Burn, Marginal Burn, or No-Burn Days.

(a) The ARB shall specify each day of the year as a permissive burn day, or a no-burn day foreach air basin or other specified area.

(b) The ARB shall announce by 3:00 p.m. every day for each of the state’s air basins or otherspecified areas whether the following day is a permissive burn day or a no-burn day, orwhether the decision will be announced the following day. If conditions preclude aforecast until the next day, the decision shall be announced by 7:45 a.m. Such notices shallbe based on the Meteorological Criteria for Regulating Agricultural Burning and PrescribedBurning, set forth in sections 80179 through 80330 of these Guidelines.

(c) The ARB may declare a marginal burn day if meteorological conditions approach thecriteria contained in sections 80179 through 80311 for permissive burn days, and smokeimpacts are not expected. A marginal burn day allows a district to authorize limitedamounts of burning for individual projects in an air basin or other specified area if the airdistrict demonstrates that smoke impacts to smoke sensitive areas are not expected as aresult of that burning. The ARB shall announce by 3:00 p.m. every day for each of thestate’s air basins or other specified areas whether the following day is a marginal burn day,or whether the decision will be announced the following day. If conditions preclude aforecast until the next day, the decision shall be announced by 7:45 a.m.

(d) Agricultural burning, including prescribed burning, is prohibited on no-burn days, exceptas specified in section 80120(e), section 80145(n), and section 80160(h).

(e) A district and the ARB may develop mutually agreeable procedures to allow a district todemonstrate that a given day is a marginal burn day or a burn day through its own analysisof the expected meteorological conditions in the air basin and a comparison to themeteorological criteria in Article 3.



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NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 41855, 41856, 41857, 41858, 41861 and 41862, Health and Safety Code.

§80120. Burning Permits.

(a) No person shall knowingly set or allow agricultural or prescribed burning unless he or shehas a valid permit from a district or designated agency. No burning shall be conductedpursuant to such permit without specific district approval consistent with these Guidelines.Burning conducted pursuant to each permit must comply with all conditions specified onthe permit. A violation of this subsection is a violation of section 41852 of the CaliforniaHealth and Safety Code.

(b) The form of burning permits shall be prepared by the air districts in consultation with thedesignated agencies.

(c) The form of the permit shall contain the following words or words of similar import: “Thispermit is valid only on those days during which agricultural burning, including prescribedburning, is not prohibited by the State Air Resources Board or by an air district pursuant tosection 41855 of the Health and Safety Code, and when burning on the lands identifiedherein has been approved by the air district.”

(d) Each air district shall provide the designated agencies within the district with a copy ofthese Guidelines, related information on state laws, air district rules and regulations, andother information as appropriate.

(e) An air district may, by special permit, authorize agricultural burning, including prescribedburning, on days designated by the ARB as no-burn days if the denial of such permit wouldthreaten imminent and substantial economic loss. In authorizing such burning, a districtshall limit the amount of material which can be burned in any one day and only authorizeburning which is not likely to cause or contribute to exceedences of air quality standards orresult in smoke impacts to smoke sensitive areas.

(f) Permits issued by designated agencies shall be subject to these Guidelines and to the rulesand regulations of the district. Designated agencies shall submit to the air districtsinformation as specified by the air district.

(g) Each applicant for a permit shall provide information required by the designated agency forfire protection purposes.

(h) Each applicant for a permit shall provide information requested by the district.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 41852, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862and 41863, Health and Safety Code.

§80130. Burning Report.

(a) A report of agricultural burning, including prescribed burning, conducted pursuant to theseGuidelines during each calendar year shall be submitted to the ARB by each air districtwithin 45 days of the end of each calendar year. The report shall include the estimatedtonnage or acreage of each waste type burned from open burning in agricultural operations



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and the estimated tonnage of waste from prescribed burning, and the county where theburning was performed.

(b) A report of special permits issued pursuant to subsection (e) of section 80120 during eachcalendar year shall be submitted to the ARB by each air district within 45 days of the endof the calendar year. The report shall include the number of such permits issued, the dateof issuance of each permit, the person or persons to whom the permit was issued, anestimate of the amount of wastes burned pursuant to the permit, and a summary of thereasons why denial of each permit would have threatened imminent and substantialeconomic loss, including the nature and dollar amounts of such loss.

(c) The ARB Executive Officer may, on a district-by-district basis, alter the frequency orcontents of the reports required pursuant to subsections (a) and (b) of this section, based oninformation needed to conduct or evaluate smoke management programs. The ExecutiveOfficer shall provide a justification and reasonable schedule for implementing anyrevisions.

NOTE: Authority cited: Sections 39515, 39516, 39600, 39601, 41856 and 41859, Health andSafety Code. Reference: Sections 39515, 39516, 41852, 41853, 41854, 41856, 41857, 41858,41859 and 41862, Health and Safety Code.

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Article 2. District Smoke Management Program

§80140. General.

(a) Each air district shall adopt, implement and enforce a smoke management programconsistent with these Guidelines. Each air district or region shall develop its smokemanagement program in coordination with the ARB, the appropriate fire protectionagencies, the land managers having jurisdiction within the district, any other affectedparties, and the public.

(b) Two or more districts choosing to implement a regional smoke management program shallmeet the following additional requirements:(1) Execute a signed memorandum of understanding with participating districts that sets

forth procedures for the coordination, implementation, and enforcement of sharedresponsibilities to comply with state smoke management program requirements.

(2) Describe the regional smoke management program requirements, including thefollowing elements, in the memorandum of understanding: a list of district andregion boundaries; participating federal and/or state land managers, and other localentities within the region; the decision-making structure of the regional smokemanagement program; and the joint workplan for implementing the regional smokemanagement program.

(3) The regional smoke management program will include compliance provisions foreach participating air district.

(4) Each participating air district shall implement its responsibilities under the smokemanagement program in coordination with other regional air districts/burn entities.



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(c) The smoke management program of the Sacramento Valley is designated as a regionalsmoke management program.

(d) Districts shall adopt the elements of their smoke management program according to thefollowing schedule:(1) Upon the effective date of this regulation, all air districts shall implement the

prescribed burning elements of their programs, including the provisions of section80160, unless exempted pursuant to section 80170.

(2) By July 1, 2001, all air districts shall adopt smoke management programs that meetall applicable requirements of this regulation.

(3) The ARB may extend the scheduled dates by up to six months if an air districtdemonstrates that, for good cause, additional time is needed.

(e) The ARB shall either approve or indicate its intent to disapprove any program, portion of aprogram, or amendment of a program within 120 days after submittal.

(f) Prior to disapproval, the ARB Executive Officer shall confer with the air district regardingthe reasons for the proposed disapproval. Following such conference, a decision toapprove or disapprove the program, portion of a program, or amendment of a program shallbe made by the ARB Executive Officer.

(g) The air district may appeal the decision to the ARB. At the request of an air district or, inthe case of a regional program, the districts in that region, the Air Resources Board itself,and not the ARB executive officer, shall hold a public hearing on the matter in the districtor region affected.

(h) If a program is disapproved, the ARB shall return the program to the air district(s) foramendment. The air district(s) shall amend the program to address ARB concerns within180 days.

(i) If the program or amendment of such program is disapproved, or if a program oramendment is not submitted by the specified date, the ARB, after a public hearing in thebasin affected, shall adopt an alternative program.

(j) The program approved pursuant to subsection (e) or adopted pursuant to subsection (i)shall be enforced by the air district(s).

(k) After an air district smoke management program is approved by the ARB, amendments tothe program shall be submitted to the ARB for approval, and shall not be effective untilapproved. Each program or amendment shall be submitted to the ARB for approval within30 days after adoption by the district.

(l) After an air district smoke management program is approved by the ARB and the ARBfinds that changes are necessary, the ARB shall discuss the findings with the air districtand, in consultation with the district, establish an appropriate schedule for revising thesmoke management program.

NOTE: Authority cited: Sections 39515, 39516; 39600, 39601, 41856 and 41859, Health andSafety Code. Reference: Sections 39515, 39516; 41856, 41859 and 41863, Health and SafetyCode.

§80145. Program Elements and Requirements.

The district smoke management programs shall include all of the elements in



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section 80145. Procedures and other requirements contained in subsections 80145(a) through (n)of this section shall be approved by district board resolutions or adopted as rules and regulations:

(a) A daily burn authorization system that regulates agricultural burning, including prescribedburning, in order to minimize smoke impacts on smoke sensitive areas, avoid cumulativesmoke impacts, and prevent public nuisance. The burn authorization system shall not allowmore burning on a daily basis than is appropriate for the meteorological or air qualityconditions. The daily burn authorization system shall specify the amount, timing andlocation of each burn event. The burn authorization system shall be developed by the airdistrict in consultation with the ARB, shall be commensurate with the air quality impactsfrom burning, and shall consider the following factors as necessary:(1) air quality;(2) meteorological conditions expected during burning, including wind speeds and

directions at the surface and aloft, and atmospheric stability;(3) types and amounts of materials to be burned;(4) location and timing of materials to be burned;(5) locations of smoke sensitive areas; and(6) smoke from all burning activities, including burning in neighboring air districts or

regions which may affect the district or region.(b) If requested in writing by a district, the Executive Officer may approve an alternative burn

authorization system for agricultural burning (excluding prescribed burning), provided theExecutive Officer determines that the alternative system is likely to achieve the objectivesof the daily burn authorization system. In making such determination, the ExecutiveOfficer shall consider the rules and regulations of the district relating to agriculturalburning, historical data on the amount, types, location, and impacts of agricultural burningin the district (excluding prescribed burning), and the effectiveness of the smokemanagement program in place in the district, and other documentation provided by thedistrict. The decision, along with the reasons for the decision, shall be in writing.

(c) A description of the meteorological and air quality monitoring data to be used to providedata for determining the basinwide meteorological and air quality conditions.

(d) A description of the personnel resources for meteorological support and burn coordinationthat will be used to operate the burn program.

(e) Procedures for issuing notice of permissive-burn, marginal burn or no-burn days. Airdistricts shall coordinate these procedures with fire protection agencies. A no-burn daynotice shall be issued for agricultural burning, including prescribed burning, by the airdistrict when open burning is prohibited by fire protection agencies for fire control orprevention.

(f) Procedures for issuing 48-hour forecasts, 72-hour outlooks, and 96-hour trends for specificprescribed burns. The air district may request that the ARB provide these forecasts forspecific prescribed burns.

(g) Procedures for authorizing burning, including a procedure for authorizing individualprescribed burns 24 hours prior to ignition of the fire, recognizing that any burn decisionmade 24 hours in advance is always subject to change if meteorological conditions orconditions affecting smoke dispersion are different from those anticipated.



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(h) Procedures for acquiring information on amounts of material burned on each day, onplanned and unplanned wildland fires, and other information needed to establish the burnauthorization for the following day, as specified in subsection (a).

(i) Procedures for addressing cross-jurisdictional smoke impacts by coordinating withneighboring air districts, regions, or states.

(j) The form of permit(s) required by subsection (c) of section 80120 and the form of theinformation required by subsection (f) of section 80120.

(k) Procedures for enforcement.(l) Plans to provide for an analysis and periodic assessment of actions that are undertaken to

minimize smoke through the use of pre-fire fuel treatment practices and non-burnalternatives.

(m) If necessary, procedures for prioritizing agricultural burning, including prescribed burning,that districts can use to minimize smoke impacts. In considering priorities, districts shallconsider the public benefits of burn projects, including safety, public health, forest healthand wildfire prevention, ecological needs, economic concerns, and disease and pestprevention. Efforts to reduce smoke emissions, such as removal of excess material, shallalso be considered.

(n) As applicable, each district shall consider additional provisions with respect to permitting,on no-burn days, the burning of empty sacks or containers which contained pesticides orother toxic substances, providing the sacks or containers are within the definition of “openburning in agricultural operations in the growing of crops or raising of fowl or animals,” asspecified in section 80101(r);

(o) Rules and regulations or, until April 1, 2003, other enforceable mechanisms that:(1) Require the material to be burned to be free of material that is not produced on the

property or in an agricultural or prescribed burning operation. Material not to beburned includes, but is not limited to, tires, rubbish, plastic, treated wood,construction/demolition debris, or material containing asbestos.

(2) Require the material to be arranged so that it will burn with a minimum of smoke,when feasible.

(3) Require material to be reasonably free of dirt, soil and visible surface moisture.(4) Require the material to be dried for minimum periods with separate specifications for

the following: (A) trees and large branches, (B) prunings and small branches, (C)wastes from field crops that are cut in a green condition, and (D) other materials.

(5) Regulate hours of ignition and burning.(6) Limit the ignition of fires to approved ignition devices.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 40702, 41850, 41854, 41856, 41857, 41858, 41859, 41862 and 41863,Health and Safety Code.

§80150. Special Requirements for Open Burning in Agricultural Operations in theGrowing of Crops or Raising of Fowl or Animals.

(a) The district smoke management program shall include rules and regulations or, untilApril 1, 2003, other enforceable mechanisms that:



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(1) Require rice, barley, oat, and wheat straw to be ignited only by stripfiring into thewind or by backfiring, except under a special permit of the district issued when andwhere extreme fire hazards are declared by a public fire protection agency to exist, orwhere crops are determined by the district not to lend themselves to these techniques.

(2) Require burning hours to be set so that no field crop burning shall commence before10:00 a.m. or after 5:00 p.m. of any day, unless local conditions indicate that otherhours are appropriate.

(b) A district with no agricultural operations in the growing of crops or raising of fowl oranimals within its jurisdiction may request to be exempted from the requirements of thissection.

(c) Rice Straw Burning Requirements. Districts within the boundaries of the SacramentoValley Air Basin and the San Joaquin Valley Air Basin shall also include in the programrules and regulations that:(1) Require all rice harvesting to employ a mechanical straw spreader to ensure even

distribution of the straw, except that rice straw may be left in rows, provided it meetsdrying time criterion prior to a burn as described in paragraph (2) below. Rice strawmay also be left standing provided it is dried and meets the crackle test criteriadescribed below prior to burning.

(2) Require that after harvest no spread rice straw shall be burned prior to a three-daydrying period, and no rowed rice straw shall be burned prior to a ten-day dryingperiod, unless the rice straw makes an audible crackle when tested just prior toburning with the following testing method: When checking the field for moisture, acomposite sample of straw from under the mat, in the center of the mat, and fromdifferent areas of the field shall be taken to ensure a representative sample. A handfulof straw from each area will give a good indication. Rice straw is dry enough to burnif a handful of straw selected as described above crackles when it is bent sharply.

(3) Require that after a rain exceeding 0.15 inch (fifteen hundredths of an inch), ricestraw shall not be burned unless the straw makes an audible crackle when tested justprior to burning with the testing method described in paragraph (2), above.


§80155. Sacramento Valley Basinwide Program

The Sacramento Valley Basinwide Air Pollution Control Council (Basinwide Council)shall submit a smoke management program to the ARB for review and approval. The smokemanagement program shall apply to all areas of the Sacramento Valley Air Basin. In addition toall other applicable requirements, it shall contain:

(a) A daily basinwide acreage equation establishing a theoretical maximum daily allocationwhich includes a basinwide meteorological factor (B.M.F.--determined from Tables 4 and5 of section 80320) and a basinwide air quality factor.



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(b) Procedures for refining the theoretical maximum allocation in order to establish an initialactual allocation, including consultation between the ARB duty meteorologist and the basincoordinator and considering additional real-time air quality and meteorologicalinformation.

(c) Procedures for distributing acreage allocations to each air district. The total acreagedistributed shall not exceed the initial actual allocation determined by the ARB inconsultation with the basin coordinator. The program may specify procedures to update theinitial actual allocation, based on real-time meteorological information and the progress ofburning the initial actual allocation.

(d) The hours to be permitted for burning.(e) A description of the meteorological and air quality monitoring networks to be used to

provide data for determining the basinwide meteorological and air quality factors.(f) Other clarifying details mutually agreed upon by the Basinwide Council and the ARB.


§80160. Special Requirements for Prescribed Burning and Prescribed Fires in Wildlandand Wildland/Urban Interface Areas.

The district smoke management programs shall include rules and regulations or, untilApril 1, 2003, other enforceable mechanisms that:

(a) Require registration of all planned burn projects annually or seasonally, including areasconsidered for potential naturally-ignited wildland fires managed for resource benefits,with updates as they occur.

(b) Require the submittal of smoke management plans for all burn projects greater than10 acres in size or estimated to produce more than 1 ton of particulate matter. Smokemanagement plans must contain, at a minimum, the following information:(1) Location, types, and amounts of material to be burned;(2) Expected duration of the fire from ignition to extinction;(3) Identification of responsible personnel, including telephone contacts; and(4) Identification and location of all smoke sensitive areas.

(c) Require that smoke management plans for burn projects greater than 100 acres in size orestimated to produce more than 10 tons of particulate matter contain, at a minimum, theinformation contained in subsection (b) and the following additional information:(1) Identification of meteorological conditions necessary for burning.(2) The smoke management criteria the land manager or his/her designee will use for

making burn ignition decisions.(3) Projections, including a map, of where the smoke from burns are expected to travel,

both day and night.(4) Specific contingency actions (such as fire suppression or containment) that will be

taken if smoke impacts occur or meteorological conditions deviate from thosespecified in the smoke management plan.



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(5) An evaluation of alternatives to burning considered; if an analysis of alternatives hasbeen prepared as part of the environmental documentation required for the burnproject pursuant to the National Environmental Policy Act (NEPA) or the CaliforniaEnvironmental Quality Act (CEQA), as applicable, the analysis shall be attached tothe smoke management plan in satisfaction of this requirement.

(6) Discussion of public notification procedures.(d) If smoke may impact smoke sensitive areas, require smoke management plans to include

appropriate monitoring, which may include visual monitoring, ambient particulate mattermonitoring or other monitoring approved by the district, as required by the district for thefollowing burn projects:(1) projects greater than 250 acres;(2) projects that will continue burning or producing smoke overnight;(3) projects conducted near smoke sensitive areas; or(4) as otherwise required by the district.

(e) Require, as appropriate, daily coordination between the land manager or his/her designeeand the air district or the ARB for multi-day burns which may impact smoke sensitiveareas, to affirm that the burn project remains within the conditions specified in the smokemanagement plan, or whether contingency actions are necessary.

(f) Alternate thresholds to those specified in sections (b), (c), and (d) may be specified by adistrict consistent with the intent of this section.

(g) Require district review and approval of smoke management plans. Districts shall providenotice to the ARB of large or multi-day burns as specified in (d) or (e) and consult with theARB on procedures for ARB review and approval of large or multi-day burns as specifiedin (d) and (e).

(h) Require that when a natural ignition occurs on a no-burn day, the initial “go/no-go”decision to manage the fire for resource benefit will be a “no-go” unless:(1) After consultation with the district, the district decides, for smoke management

purposes, that the burn can be managed for resource benefit; or(2) For periods of less than 24 hours, a reasonable effort has been made to contact the

district, or if the district is not available, the ARB.(3) After 24 hours, the district has been contacted, or if the district is not available, the

ARB has been contacted and concurs that the burn can be managed for resourcebenefit.

A “no-go” decision does not necessarily mean that the fire must be extinguished, but thatthe fire cannot be considered as a prescribed fire.

(i) Require submittal of smoke management plans within 72 hours of the start of the fire fornaturally-ignited wildland fires managed for resource benefits that are expected to exceed10 acres in size.

(j) Require the land manager or his/her designee conducting a prescribed burn to ensure thatall conditions and requirements stated in the smoke management plan are met on the day ofthe burn event and prior to ignition.

(k) Require a post-burn smoke management evaluation by the burner for fires greater than 250acres.

(l) Require procedures for public notification and education, including appropriate signage atburn sites, and for reporting of public smoke complaints.



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(m) Require vegetation to be in a condition that will minimize the smoke emitted duringcombustion when feasible, considering fire safety and other factors..

(n) Require material to be burned to be piled where possible, unless good silvicultural practicesor ecological goals dictate otherwise.

(o) Require piled material to be burned to be prepared so that it will burn with a minimum ofsmoke.

(p) Require the permit applicant to file with the district a statement from the Department ofFish and Game certifying that the burn is desirable and proper if the burn is to be doneprimarily for improvement of land for wildlife and game habitat. The Department of Fishand Game may specify the amount of brush treatment required, along with any otherconditions it deems appropriate.

NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 41850, 41853, 41854, 41855, 41856, 41857, 41858, 41859, 41861, 41862and 41863, Health and Safety Code.

§80170. Exemptions.

A district with no prescribed burning in wildlands or urban interfaces within its jurisdictionmay request to be exempted from the requirements of section 80160. A district may excludespecific range improvement burns for livestock habitat or the initial establishment of anagricultural practice on previously uncultivated land from the provisions of section 80160 ofthese Guidelines provided the air district determines that smoke impacts are not expected insmoke sensitive areas.

NOTE: Authority cited: Sections 39600, 39601, 41852.5, 41856 and 41859, Health and SafetyCode. Reference: Sections 41850, 41852.5, 41856, 41857, 41858, 41859 and 41863, Health andSafety Code.

______________________

Article 3. Meteorological Criteria forRegulating Agricultural and Prescribed Burning

§80179. General.

The ARB may use, on a test basis in cooperation with the air basin affected, for three yearsfor developing new criteria, alternate criteria to those specified in this article to establish burndays, no-burn days, and marginal burn days.

NOTE: Authority cited: Sections 39600, 39601, 41855, 41856 and 41859, Health and SafetyCode. Reference: Sections 40702, 41850, 41855, 41856, 41857, 41858, 41859 and 41863,Health and Safety Code.



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§80180. North Coast Air Basin.

(a) Above 3,000 feet mean sea level* (msl), a permissive-burn day will be declared when thefollowing criteria are met:(1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the

limiting mean height given in Table 1 of section 80320.(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting

mean height given in Table 1 of section 80320.(b) Below 3,000 feet msl*, a permissive-burn day will be declared when at least 3 of the

following criteria are met:(1) Near the time of day when the surface temperature is at a minimum, the temperature

at 3,000 feet above the surface is not warmer than the surface temperature by morethan 10 degrees Fahrenheit, except that during July through November it is notwarmer by more than 18 degrees Fahrenheit.

(2) The expected daytime temperature at 3,000 feet above the surface is colder than theexpected surface temperature by at least 11 degrees Fahrenheit for 4 hours.

(3) The expected daytime wind speed at 3,000 feet above the surface is at least 5 milesper hour.

(4) The expected daytime wind direction in the mixing layer has a component from theeast and a speed of 12 miles per hour or less.


___________* In place of the standard 3,000 feet msl level, the elevation may be specified in increments of

500 feet on a day-to-day basis as determined from vertical temperature soundings.

§80190. San Francisco Bay Area Air Basin.

(a) The North Section of this basin includes Marin and Napa Counties, the San Francisco BayArea Air Basin portions of Sonoma and Solano Counties, and that portion of Contra CostaCounty lying north and east of a line beginning at the intersection of Vasco Road and theAlameda County line; then north along the eastern side of Vasco Road to the intersection ofCamino Diablo Road and Walnut Boulevard; then continuing north along the eastern sideof Walnut Boulevard to the intersection of Marsh Creek Road; then west along the northernside of Marsh Creek Road to the intersection of Deer Valley Road; then north along theeastern side of Deer Valley Road to intersection of Lone Tree Way; then west and northalong the eastern side of Lone Tree Way until it becomes “A” Street; then continuing northalong the eastern side of “A” Street and its northern extension to the Sacramento Countyline.

(b) A permissive-burn day will be declared in the North Section when the following criteria aremet:(1) Near the time of day when the surface temperature is at a minimum, the temperature

at 2,500 feet above the surface is not warmer than the surface temperature by more



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than 13 degrees Fahrenheit except that during May through September it is notwarmer by more than 18 degrees Fahrenheit.



(c) The South Section of this basin includes San Francisco, San Mateo, Santa Clara andAlameda Counties, and that portion of Contra Costa County lying south and west of a linebeginning at the intersection of Vasco Road and the Alameda County line; then north alongthe eastern side of Vasco Road to the intersection of Camino Diablo Road and WalnutBoulevard; then continuing north along the eastern side of Walnut Boulevard to theintersection of Marsh Creek Road; then west along the northern side of Marsh Creek Roadto the intersection of Deer Valley Road; then north along the eastern side of Deer ValleyRoad to the intersection of Lone Tree Way; then west and north along the eastern side ofLone Tree Way until it becomes “A” Street; then continuing north along the eastern side of“A” Street and its northern extension to the Sacramento County Line.

(d) A permissive-burn day will be declared in the South Section when the following criteria aremet:(1) Near the time of day when the surface temperature is at a minimum, the temperature

at 2,500 feet above the surface is not warmer than the surface temperature by morethan 11 degrees Fahrenheit except that during May through September it is notwarmer by more than 16 degrees Fahrenheit.




§80200. North Central Coast Air Basin.

(a) Above 3,000 feet msl*, a permissive-burn day will be declared when the following criteriaare met:(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean

height given in Table 2 of section 80320.(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting

mean height given in Table 2 of section 80320.(b) Below 3,000 feet msl* in the Northwest Section of this Basin (including Santa Cruz County

and that portion of San Benito and Monterey Counties north and west of a line beginning atthe intersection of Highway 156 and the Santa Clara/San Benito Counties line; thencontinuing southerly along Highway 156 to the intersection of Fairview Road; thensoutherly along Fairview Road to the intersection of Highway 25; then southwesterly toFremont Peak; then southeasterly along the crest of the Gabilan Range to McPhails Peak;then southwesterly through the middle of Chualar Canyon into the Salinas Valley, along



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Chualar Canyon Road, and continuing to Mt. Toro; then southeasterly along the crest of theSierra de Salinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Roadto Arroyo Center; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn day will be declared when the following criteria are met:(1) The maximum mixing depth is expected to be at least 1,500 feet msl.(2) The expected daytime resultant wind speed in the mixing layer is at least five miles

per hour.(c) Below 3,000 feet msl* in the Southeast Section of this Basin (including that portion of San

Benito and Monterey Counties south and east of a line beginning at the intersection ofHighway 156 and the Santa Clara/San Benito Counties line; then continuing southerlyalong Highway 156 to the intersection of Fairview Road; then southerly along FairviewRoad to the intersection of Highway 25; then southwesterly to Fremont Peak; thensoutheasterly along the crest of the Gabilan Range to McPhails Peak; then southwesterlythrough the middle of Chualar Canyon into the Salinas Valley, along Chualar CanyonRoad, and continuing to Mt. Toro; then southeasterly along the crest of the Sierra deSalinas to Arroyo Seco Road; then west southwesterly along Arroyo Seco Road to ArroyoCenter; from there westerly to Pfeiffer Point on the Pacific Ocean), a permissive-burn daywill be declared when the following criteria are met:(1) The maximum mixing depth is expected to be at least 1,500 feet msl.(2) The expected daytime resultant wind speed in the mixing layer is at least five miles

per hour.


___________* In place of the standard 3,000 feet msl level, the elevation may be specified in increments of


§80210. South Central Coast Air Basin.

(a) Above 3,000 feet mean sea level* (msl), a permissive-burn day will be declared when bothof the following criteria are met:(1) Near 4:00 a.m., the mean 500 millibar (mb) height over the Basin is less than the

limiting mean height given in Table 2 of section 80320.(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limiting

mean height given in Table 2 of section 80320.(b) Below 3,000 feet msl* in Ventura County and that portion of Santa Barbara County south

of a line described as follows: Beginning at the Pacific Ocean outfall of Jalama Creek andrunning east and north along Jalama Creek to a point of intersection with the west boundaryof the San Julian Land Grant; then south along the San Julian Land Grant boundary to itssouthwest corner; then east along the south boundary of the San Julian Land Grant to thenortheast corner of partial Section 20, T. 5 N, R. 32 W, San Bernardino Base and Meridian;then south and east along the boundary of the Las Cruces Land Grant to the southwestcorner of partial Section 22, T. 5 N, R. 32 W; then northeast along the Las Cruces Land



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Grant boundary; then east along the north boundaries of Section 13, T. 5 N, R. 32 W, andSections 18, 17, 16, 15, 14, 13, T. 5 N, R. 31 W, and Sections 18, 17, 16, 15, 14, 13, T. 5 N,R. 30 W, and Sections 18, 17, 16, 15, T. 5 N, R. 29 W; then south along the east boundaryof Section 15, T. 5 N, R. 29 W; then east along the north boundaries of Sections 23 and 24,T. 5 N, R. 29 W, and Sections 19, 20, 21, 22, 23, 24, T. 5 N, R. 28 W, and Sections 19 and20, T. 5 N, R. 27 W; then south along the east boundary of Section 20, T. 5 N, R. 27 W;then east along the north boundaries of Sections 28, 27, 26, 25, T. 5 N, R. 27 W andSection 30, T. 5 N, R. 26 W; then south along the east boundary of Section 30, T. 5 N, R.26 W; then east along the north boundaries of Sections 32, 33, 34, 35, T. 5 N, R. 26 W;then south along the east boundary of Section 35, T. 5 N, R. 26 W to the township linecommon to T. 4 N and T. 5 N; then east along this township line to the Santa Barbara-Ventura County boundary; a permissive burn day will be declared when both of thefollowing criteria are met:(1) The maximum mixing depth is expected to be at least 1,500 feet msl.(2) The expected afternoon onshore airflow is expected to be at least five miles per hour.

(c) Below 3,000 feet msl* in San Luis Obispo County and that portion of Santa BarbaraCounty north of the line described in (b) above, a permissive burn day will be declaredwhen both of the following criteria are met:(1) The maximum mixing depth is expected to be at least 1,500 feet msl.(2) The expected afternoon onshore airflow is expected to be at least five miles per hour.


__________* In place of the standard 3,000 feet msl level, the elevation may be specified in increments of


§80220. South Coast Air Basin.

(a) A permissive-burn day will be declared when at least one of the following criteria is met:(1) The expected height of the inversion base, if any, near 6:00 a.m. at Los Angeles

International Airport is 1,500 feet msl or higher.(2) The expected maximum mixing height during the day is above 3,500 feet above the

surface.(3) The expected mean surface wind between 6:00 a.m. and noon is greater than five miles

per hour.


§80230. San Diego Air Basin.



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Except that portion which lies east of a line beginning at the U.S.-Mexico border andrunning north along the range line common to R. 7 E and R. 6 E, San Bernardino Base andMeridian; to the southeast corner of T. 16 S, and R. 6 E; then west along the township linecommon to T. 16 S and T. 17 S to the southwest corner of T. 16 S, R. 6 E; then north along therange line common to R. 6 E and R. 5 E to the southeast corner of T. 14 S, R. 5 E; then westalong the township line common to T. 14 S and T. 15 S to the point of intersection with the eastboundary of Cuyamaca Park; then north along the east boundary of Cuyamaca Park to the pointof intersection with the range line common to R. 5 E and R. 4 E; then north along this range lineto the point of intersection with the south boundary of the San Felipe Land Grant; then east andnorth along the land grant boundary to the eastern most corner; then continuing west and northalong the land grant boundary to the point of intersection with the range line common to R. 5 Eand R. 4 E; then north along this range line to the point of intersection with the township linecommon to T. 10 S and T. 9 S; then west along this township line to the point of intersectionwith the range line common to R. 4 E and R. 3 E; then north along this range line to the SanDiego-Riverside County boundary. Criteria for this portion are those of the Salton Sea Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:(1) Above 3,000 feet msl*:

(A) Near 4:00 a.m., the inversion top is less than 3,000 feet msl or the temperaturedifference through the inversion is less than seven degrees Fahrenheit.

(B) The expected daytime resultant wind speed between 3,000 and 6,000 feet msl isat least 5 miles per hour.

(2) Below 3,000 feet msl*:(A) The maximum mixing depth is expected to be at least 1,500 feet msl.(B) The expected daytime resultant wind direction in the marine layer has a

westerly component.(C) The expected daytime resultant wind speed in the marine layer is at least five

miles per hour.




§80240. Northeast Plateau Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean


mean height given in Table 1 of section 80320.



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§80250. Sacramento Valley Air Basin.

(a) Above 3,000 feet msl*, a permissive-burn day will be declared when the following criteriaare met:(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean


mean height given in Table 1 of section 80320.(b) Below 3,000 feet msl*, a permissive-burn day will be declared when the daily basinwide

acreage allocation is greater than zero acreage. This allocation shall be determined daily bythe state board and will vary with the existing and projected meteorology and air quality.The basinwide allocation shall be calculated from the basinwide acreage allocationequation contained in the approved Smoke Management Program required insection 80155.

(c) Special situations in the Basin are:(1) If, when a no-burn day decision is declared, the state ambient air quality standard for

ozone, carbon monoxide, suspended particulate matter (PM10), or visibility isexpected to be exceeded during the valid period, a note to this effect shall beappended to the announcement.

(2) A permissive-burn or no-burn day decision that has been announced may be changedby the Air Resources Board at any time prior to 10:00 a.m. if the meteorological andair quality situation that actually unfolds so warrants it.




§80260. San Joaquin Valley Air Basin.

(a) The North Section of this basin includes San Joaquin, Stanislaus, and Merced Counties.(b) A permissive-burn day will be declared in the North Section when the following criteria are

met:(1) Near the time of day when the surface temperature is at a minimum, the temperature

at 3,000 feet above the surface is not warmer than the surface temperature by morethan 13 degrees Fahrenheit.




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(c) The South Section of this basin includes Madera, Fresno, Kings, and Tulare Counties, andthe San Joaquin Valley Air Basin portion of Kern County.

(d) A permissive-burn day will be declared in the South Section when the following criteria aremet:(1) Above 3,000 feet msl*:

(A) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limitingmean height given in Table 2 of section 80320.

(B) The expected 4:00 p.m. mean 500 mb height over the Basin is less than thelimiting mean height given in Table 2 of section 80320.

(2) Below 3,000 feet msl*:(A) Near the time of day when the surface temperature is at a minimum, the

temperature at 3,000 feet above the surface is not warmer than the surfacetemperature by more than 13 degrees Fahrenheit.

(B) The expected daytime temperature at 3,000 feet above the surface is colder thanthe expected surface temperature by at least 11 degrees Fahrenheit for 4 hours.

(C) The expected daytime wind speed at 3,000 feet above the surface is at least 5miles per hour.

(e) Special situations in the Basin are:(1) If, when a no-burn day decision is declared, the state ambient air quality standard for

ozone, carbon monoxide, suspended particulate matter (PM10) or visibility isexpected to be exceeded during the valid period, a note to this effect shall beappended to the announcement.

(2) A permissive-burn or no-burn day decision that has been announced may be changedby the Air Resources Board at any time prior to 10:00 a.m. if the meteorological andair quality situation that actually unfolds so warrants it.

(3) A conditional permissive-burn day may be declared in the North Section of the AirBasin during the months of November through February for the burning of almondand walnut prunings (from not more than 300 acres of orchard in each county)following three or more consecutive no-burn days, provided that two of the threecriteria set forth in section 80260(b) for permissive-burn days are met, and providedfurther that the state board determines that under expected meteorological conditionsthe burning of such prunings will not have an adverse effect on air quality.




§80270. Great Basin Valleys Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:



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(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting meanheight given in Table 2 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limitingmean height given in Table 2 of section 80320.


§80280. Salton Sea Air Basin.

(a) For the Salton Sea Air Basin and that portion of the San Diego Air Basin which lies east ofa line beginning at the U.S.-Mexico border and running north along the range line common to R.7 E and R. 6 E, San Bernardino Base and Meridian; to the southeast corner of T. 16 S, R. 6 E;then west along the township line common to T. 16 S and T. 17 S to the southwest corner of T.16 S, R. 6 E; then north along the range line common to R. 6 E and R. 5 E to the southeast cornerof T. 14 S, R. 5 E; then west along the township line common to T. 14 S and T. 15 S to the pointof intersection with the east boundary of Cuyamaca Park; then north along the east boundary ofCuyamaca Park to the point of intersection with the range line common to R. 5 E and R. 4 E;then north along this range line to the point of intersection with the south boundary of theSan Felipe Land Grant; then east and north along the land grant boundary to the easternmostcorner; then continuing west and north along the land grant boundary to the point of intersectionwith the range line common to R. 5 E and R 4 E; then north along this range line to the point ofintersection with the township line common to T. 10 S and T. 9 S; then west along this townshipline to the point of intersection with the range line common to R. 4 E and R. 3 E; then northalong this range line to the San Diego-Riverside County boundary.

(b) A permissive-burn day will be declared when at least three of the following criteria aremet:(1) Near the time of day when the surface temperature is at a minimum, the temperature


(2) The expected temperature at 3,000 feet above the surface is colder than the expectedsurface temperature by at least 11 degrees Fahrenheit for 4 hours.


(4) The expected daytime wind direction in the mixing layer is not southeasterly.


§80290. Mountain Counties Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:



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(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting meanheight given in Table 1 of section 80320.

(2) The expected 4:00 p.m. mean 500 mb height over the Basin is less than the limitingmean height given in Table 1 of section 80320.


§80300. Lake County Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:(1) Near the time of day when the surface temperature is at a minimum, the temperature

at 3,000 feet above the surface is not warmer than the surface temperature by morethan 10 degrees Fahrenheit, except that during July through November it is notwarmer by more than 18 degrees Fahrenheit.




§80310. Lake Tahoe Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:(1) Near 4:00 a.m., the mean 500 mb height over the Basin is less than the limiting mean


mean height given in Table 3 of section 80320.


§80311. Mojave Desert Air Basin.

(a) A permissive-burn day will be declared when the following criteria are met:(1) Near the time of day when the surface temperature is at a minimum, the temperature


(2) The expected temperature at 3,000 feet above the surface is colder than the expectedsurface temperature by at least 11 degrees Fahrenheit for 4 hours.



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§80320. Tables Referred to in Articles 2 and 3.

Limiting Mean 500-Millibar Heights* by Month

Month Table 1* Table 2* Table 3*January 5710 5750 5630February 5710 5740 5620March 5710 5740 5630April 5720 5760 5660May 5770 5800 5710June 5820 5850 5780July 5850 5880 5830August 5870 5880 5840September 5850 5870 5810October 5820 5850 5760November 5770 5810 5700December 5730 5780 5630* All heights in meters.

Agricultural Burn Meteorological Factors(Sacramento Valley Air Basin)

Table 4 Table 5A.M. STABILITY WIND SPEED

°F M.F. MPH M.F.≥ 17 0.0 0 to 2 0.0

15 or 16 0.1 3 0.113 or 14 0.2 4 0.211 or 12 0.3 5 0.39 or 10 0.4 6 0.47 or 8 0.5 7 0.55 or 6 0.6 8 0.63 or 4 0.7 9 0.71 or 2 0.8 10 0.8

0 or (−1) 0.9 11 0.9≤ (−2) 1.0 ≥ 12 1.0

The basinwide meteorological factor (B.M.F.) is equal to the arithmetic mean of themeteorological factors (M.F.) from Tables 4 and 5.

A.M. Stability: 3,000-foot temperature (a.m.) (°F) minus surface minimum temperature (°F).

Wind Speed: Surface to 3,000 feet average wind speed (mph).



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NOTE: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code.Reference: Sections 41855, 41856, 41857 and 41859, Health and Safety Code.

§80330. General Criteria for Announcement of Permissive Burn, Marginal Burn orNo-Burn Day.

Notwithstanding the criteria listed in the preceding for each air basin, the Air ResourcesBoard may announce permissive-burn, marginal burn, or no-burn days based on expectedmeteorological conditions and on the estimated effect on air quality of the agricultural burningand prescribed burning.

NOTE: Authority cited: Sections 39600, 41856 and 41859, Health and Safety Code. Reference:Sections 41854, 41855, 41856, 41857, 41859 and 41863, Health and Safety Code.

title 17 of the california code of regulations · 3/14/2001 · final regulation order effective...

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